This article discusses the issue of constitutional rigidity from the perspective of the Constitution of Kosovo. At the outset, the article analyzes the amendment procedure within the Constitution and its nature in terms of the actors and procedures involved. Next, the article questions the nature of constitutional rigidity in Kosovo and seeks to address the position of veto players. Arguing that the Constitution of Kosovo is rather rigid, the article then questions the significance of constitutional rigidity in light of the model of separation of powers, human rights, and the Constitutional Court’s constitutional “updating” role. The article concludes that constitutional rigidity in Kosovo offers a rather authoritative role to the Constitutional Court, allowing it to address the issue of the scope and substance of the Constitution through its own case law.
Fisnik Korenica and Dren Doli , Constitutional Rigidity in Kosovo: Significance, Outcomes, and Rationale, Pace Int’l L. Rev. Online Companion, Jan. 2011, at 1.